Hi,

I'm considered resident alien for tax year 2008 (I wasn't eligible for stimulus payment last year). Me and my daughter both have SSN but my wife can only get an ITIN. According to the IRS;
Taxpayers with an Individual Taxpayer Identification Number (ITIN) instead of an SSN are not eligible to receive a stimulus payment. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment — if only one has a valid SSN, neither can receive the payment.

If I file as married filing jointly, I won't be eligible for the recovery rebate credit. Would it be OK for me to file married filing separately?

Thank you

Melano:

If you already filed jointly, uyou CANNOT undo it.

However, if you have not yet filed, you CAN file Married Filing Separately, claim the Recovery Rebate Credit for yourself and your daughter, then, once the return is processed and you got the credit, go back and amend the return to file jointly.

This is perfectly legal and has been a recommended course of actionon the IRS website.

Thank you AtlantaTaxExpert, I would have never thought of that. I did file 'married filing separately' and recently got the credit. I will soon file an amended return as you suggested.

Just out of curiosity, I couldn't find information on the IRS' web page regarding this specific issue. Could you direct me to a page for reference?

Thanks a lot



Melano:

If you already filed jointly, uyou CANNOT undo it.

However, if you have not yet filed, you CAN file Married Filing Separately, claim the Recovery Rebate Credit for yourself and your daugher, then, once the return is processed and you got the credit, go back and amend the return to file jointly.

This is perfectly legal and has been a recommended course of action on the IRS website.

Tha question given below is copied from the link Economic Stimulus Payment Q&As: Taxpayer Identification Numbers (http://www.irs.gov/newsroom/article/0,,id=181995,00.html)

Q. If I have a spouse with an ITIN and choose "married filing separately" status to qualify for the economic stimulus payment and later on amend my original return to "married filing jointly" status, will I need to return the stimulus payment?

A. No.

Greatly appreciated...

Melano:

If you already filed jointly, uyou CANNOT undo it.

However, if you have not yet filed, you CAN file Married Filing Separately, claim the Recovery Rebate Credit for yourself and your daugher, then, once the return is processed and you got the credit, go back and amend the return to file jointly.

This is perfectly legal and has been a recommended course of actionon the IRS website.

I have a question regarding recovery rebate credti. I was not aware about the recovery rebate credit and I filed me and my wife tax return jointly ,my wife does not have SSN at that time so I filed it with ITIN.
Now I went to SSN office I got an SSN no. for her .

Is there anyway to claim the recovery rebate credit now or Is there any chance I can claim recovery rebate credit next year using her SSN.

Please guide me.

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